Why didn't the McCanns ask that the case not be shelved?

[Montclair]

Regarding the interim report and any later reports, I would like to remind certain people that the judge at the current libel trial stated that the archiving report was not a judgement but a piece of evidence. She also said more than once that the investigation was inconclusive, which means that no one has been cleared because it has not been determined which crime has been committed.

In the "acordão" from the appeals court which overturned the book ban, the three judges stated that the archiving report was nothing more than the opinion of the judge who wrote it and that Gonçalo Amaral's opinion was just as valid, in view of his 24 years experience as a policeman, since his conclusions were based on the files from the criminal investigation. The judges also stated that if the case has been handed to another judge, it is possible that this judge could come to a completely different opinion and conclusion and decide not to shelve the case.

BTW, as so many posters here believe that the McCanns were exonerated in the archiving report, I would like to know then why the parents did not request that the case not be shelved, especially since they were longer "suspect" and they could "trust" the police.

[Angelo222]

Regarding the interim report and any later reports, I would like to remind certain people that the judge at the current libel trial stated that the archiving report was not a judgement but a piece of evidence. She also said more than once that the investigation was inconclusive, which means that no one has been cleared because it has not been determined which crime has been committed.

In the "acordão" from the appeals court which overturned the book ban, the three judges stated that the archiving report was nothing more than the opinion of the judge who wrote it and that Gonçalo Amaral's opinion was just as valid, in view of his 24 years experience as a policeman, since his conclusions were based on the files from the criminal investigation. The judges also stated that if the case has been handed to another judge, it is possible that this judge could come to a completely different opinion and conclusion and decide not to shelve the case.

BTW, as so many posters here believe that the McCanns were exonerated in the archiving report, I would like to know then why the parents did not request that the case not be shelved, especially since they were longer "suspect" and they could "trust" the police.

Good post Montclair.

[Montclair]

As quite a few posters here have stated that the archiving document exonerates the McCanns in the disappearance of their daughter, I was wondering then why the parents did not object to the shelving of the investigation. The Portuguese authorities had even extended the official deadline to give the parents more time to think about it. Since, for some, they are no longer suspects and have been officially cleared, there should have been no problem to keep the case open and go to the "fase de instrução". With the parents no longer "suspects", the investigators would have been able to concentrate on the abduction theory and might have found Maddie and her abductor.

Therefore, I ask the question once again: Why did Kate and Gerry McCann allow the case to be shelved?

[ferryman]

As quite a few posters here have stated that the archiving document exonerates the McCanns in the disappearance of their daughter, I was wondering then why the parents did not object to the shelving of the investigation. The Portuguese authorities had even extended the official deadline to give the parents more time to think about it. Since, for some, they are no longer suspects and have been officially cleared, there should have been no problem to keep the case open and go to the "fase de instrução". With the parents no longer "suspects", the investigators would have been able to concentrate on the abduction theory and might have found Maddie and her abductor.

Therefore, I ask the question once again: Why did Kate and Gerry McCann allow the case to be shelved?

It's very easy. 

They were given 20 days to make a decision and, first, had to get the files translated before they could read them.

Even Murat (who wouldn't have needed to get the files translated) would have needed longer than 20 days to read them.

[icabodcrane]

As quite a few posters here have stated that the archiving document exonerates the McCanns in the disappearance of their daughter, I was wondering then why the parents did not object to the shelving of the investigation. The Portuguese authorities had even extended the official deadline to give the parents more time to think about it. Since, for some, they are no longer suspects and have been officially cleared, there should have been no problem to keep the case open and go to the "fase de instrução". With the parents no longer "suspects", the investigators would have been able to concentrate on the abduction theory and might have found Maddie and her abductor.

Therefore, I ask the question once again: Why did Kate and Gerry McCann allow the case to be shelved?

Because no longer being investigated as suspects themselves was more important than the search for their missing daughter continuing  ? 

I can think of no other logical explanation

[Montclair]

Because no longer being investigated as suspects themselves was more important than the search for their missing daughter continuing  ? 

I can think of no other logical explanation

So true!

[Rachel Granada]

You must think that you are clever with your stamp jokes but you have not answered why the parents let the case be shelved.

I rather liked the stamp gags, actually.  See ferryman's post further up the thread, he has answered your question in a nutshell.

Excuse me a moment, I just have to pop out to the Post Office for some stamps...   

[DCI]

It's very easy. 

They were given 20 days to make a decision and, first, had to get the files translated before they could read them.

Even Murat (who wouldn't have needed to get the files translated) would have needed longer than 20 days to read them.

Why didn't Paiva reopen the case?

Mrs Duarte branded Paiva a "liar" in court when he claimed he would reopen the Maddie case if new information came forward.

She said yesterday: "Every piece was treated the same way - Ricardo Paiva writes on it, 'this is not relevant to the investigation'.

[Montclair]

Why didn't Paiva reopen the case?

Mrs Duarte branded Paiva a "liar" in court when he claimed he would reopen the Maddie case if new information came forward.

She said yesterday: "Every piece was treated the same way - Ricardo Paiva writes on it, 'this is not relevant to the investigation'.

Ricardo Paiva didn't reopen the case because that was not his responsibility. He received any new information or "evidence", made an evaluation and sent it on to the ministério público, who made the final decision as to whether the new information warranted a reopening. I think that some of the posters should take a course in how the Portuguese judicial systems works.

[Montclair]

It's very easy. 

They were given 20 days to make a decision and, first, had to get the files translated before they could read them.

Even Murat (who wouldn't have needed to get the files translated) would have needed longer than 20 days to read them.

If they had been "exonerated", what difference would it make to have the files translated? What a lame excuse!

[DCI]

Ricardo Paiva didn't reopen the case because that was not his responsibility. He received any new information or "evidence", made an evaluation and sent it on to the ministério público, who made the final decision as to whether the new information warranted a reopening. I think that some of the posters should take a course in how the Portuguese judicial systems works.

He could have asked for it to be opened, that was his resposibilty. But he chose to write on every lead 'this is not relevant to the investigation'. Whether the new information warranted a reopening, or not.
Portuguese judicial system stinks, I don't need to take a course to see that!

[AnneGuedes]

Why didn't Paiva reopen the case?

Mrs Duarte branded Paiva a "liar" in court when he claimed he would reopen the Maddie case if new information came forward.

She said yesterday: "Every piece was treated the same way - Ricardo Paiva writes on it, 'this is not relevant to the investigation'.

Mrs Duarte simulates forgetting, in front of the media, that the shelved investigation is nevertheless supervised by the Ministério Publico. The PJ hasn't the autonomy of the Met.

[TTSOFAFM]

....edited out deleted quote ....


How long did they have to make this request Montclair?

And from when did that time start?  Was it the day of the archiving or the day they received the files?

Reason I am asking is this.

If they only had so many days to lodge an appeal to stop the archiving, they had to do so, giving valid reasons as to why.  For example, leads not properly explored during the investigation which would have been in the files, written in Portuguese.

So if they only had say 20-30 days.  The McCanns would have had to get the files translated correctly.  Then go through them with lawyers or people who knew how the appeal process worked.  Cross reference this piece of information with that piece of information.  All very time consuming.  So is it not feasible to assume that the McCanns knew that they would not be able to get the files translated, cross-referenced etc before the time period expired?

Remember Kate McCann had a copy of all the files, including the reports of British children that were molested in the Algarve and those reports relating to the attempted molestations.

Are you trying to make me believe that when a case is archived, you just write a simple note to the Public Prosecutor and say "Don't archive this case" and he simply replies "OK then, the case will remain open"?

[Rachel Granada]

Why have my "Price of a stamp" comments been removed please, Mods?

This falsehood has been touted by Amaral for some time.  "It would only cost them a price of a stamp to re-open the process".

The posts were perfectly valid to the topic. Extremely valid, in fact.

Please re-instate my posts if you want to be seen as a fair and balanced forum.

[John]

As quite a few posters here have stated that the archiving document exonerates the McCanns in the disappearance of their daughter, I was wondering then why the parents did not object to the shelving of the investigation. The Portuguese authorities had even extended the official deadline to give the parents more time to think about it. Since, for some, they are no longer suspects and have been officially cleared, there should have been no problem to keep the case open and go to the "fase de instrução". With the parents no longer "suspects", the investigators would have been able to concentrate on the abduction theory and might have found Maddie and her abductor.

Therefore, I ask the question once again: Why did Kate and Gerry McCann allow the case to be shelved?

Were they exonerated by the Final Report?  Was it not a case of there being no evidence against them rather than being exonerated?